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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have recently been issued with letter by Stirling park sheriff

Resolved Question:

I have recently been issued with letter by Stirling park sheriff officers saying they are going to be recalling on 29/6/2015 to execute and attachment at my home for a "debt" owed to a company called Caledonia marketing.
I was supposed to go to court last year for this but as I have no clue who these people are I just assumed it was sent in error and I didn't appear as I was too busy with work.
Anyways months passed and a few months ago I was visited by the same officers stating they were here to pick up the full payment to this company (who I still don't know a thing about)
I told them that I don't know who Caledonia marketing is and that they must be wrong.
I was told to ask for another court date by the courts (can't remeber the actual fancy words for it tho) but the court told me I was out of time!
So now I've a company who I've had no dealings with "legally" stealing my money next week and I havent a clue how tot stop this or what my options are.
Any help at all would be greatly appreciated.
I stay in Scotland by the way incase the law is different.
Many thanks
Grant
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
Do you have any court details please?
Customer: replied 2 years ago.
It was passed in the KILMARNOCK sheriff court the reference number is *****
Caledonia marketing are being represented by Robertson and Ross solicitors in Paisley.
That's all the details I have at the minute now
Expert:  Ash replied 2 years ago.
Ok. You need to contact the sherif and ask for the court reference and court. Once you have that then you will know the court name, the case reference and the details.
When you have this you can apply to set it aside. But get the court details and apply to set aside ASAP.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.
I was told that I was out of time by the courts to have a "minutes of recall" I think it was.
They kept telling me it's now pay or be prosecuted basically!
I feel like this is theft as I honestly have had zero dealings with Caledonia marketing!
Expert:  Ash replied 2 years ago.
If it's a dent you can apply to set aside.
Make the application.
Alex
Expert:  Ash replied 2 years ago.
If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Alex
Customer: replied 2 years ago.
How do I apply to have this set aside once I have these details?
Expert:  Ash replied 2 years ago.
You fill out a court form and the matter is listed.
Ask the court for a form.
Does that help?
Alex
Customer: replied 2 years ago.
So far I've gotten nowhere!
I've spoke to Stirling park who are acting on behalf of Robertson and Ross solicitors (who are in turn representing Caledonia marketing).
So far Stirling park have told me to talk to the solicitor, I phoned them and the cheeky lawyer said he has no priority to send me details of anything at all as it was served to me in the summons?
But I've never seen a contract between me and caledonia and the lawyer has said he is too busy to run around copying things for my benefit!
He wouldn't give me any details of the court date the decree was passed and I've been told that unless I pay the monies involved Stirling park will lift any possession that's left outside my house to the value of the debt..... Which I don't owe!
All because I didn't go to a court case that I thought was a load of rubbish!
I don't know what to do or where to turn here!
Expert:  Ash replied 2 years ago.
Ok. You need to speak with the Ross Solicitors. They can NOT refuse to give you any Court details.
You can also search yourself at:
http://www.trustonline.org.uk/understand-judgments-fines/searching-the-registers/the-registers-for-judgments-and-fines
They cant refuse to give you the details. They MUST do this.
Alex
Expert:  Ash replied 2 years ago.
Hi
I am just following up to see if there is anything else I can help with?
If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Alex
Customer: replied 2 years ago.
Hi Alex, I apprciate all your help but so far nothing has helped.
I've found all the relevant paperwork for the court date etc but I don't know how to stop Stirling park now turning up on Monday to take items to the cost of this "debt"
Citizens advice has always been shut or don't have time for weeks to see me!
The lawyer at Robertson and Ross hung the phone up on me after telling me he doesn't have time to photocopy items for me!
I now have the court date as of this morning that the decree was passed
Expert:  Ash replied 2 years ago.
You must apply to set aside. Once the application is in the bailiff can't remove
Alex
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